1. Introduction:
Marriage of Nikah is a civil contract, which is made by parties for the sole purpose and object of benefiting themselves according to Shariat it is a method to legalize the cohabitation of a man and a woman and issues out of this union are legitimate. under Islamic law, contract of marriage, need not to be proved through a written document.
2. Meaning of marriage:
Marriage means wedlock, the mutual relation of the husband and wife. it is a contract for the legalization of intercourse and procreation of children.
3. Definition of marriage:
Hedeya:
Marriage is defined to be a contract which has for its object the procreation and legalizing of children.
According to Ameer Ali:
Marriage is an institution ordained for the protection of society, and in order that human being may guard themselves from foulness and unchastity.
4. Proof of marriage:
Marriage can be proved by two modes.
(i) By the direct evidence of the witnesses.
(ii) By the written document i. e. documentary evidence.
5. Presumption of marriage:
If there is no direct evidence or documentary evidence such case prolonged and continues living together as husband and wife shall be presumed as marriage.
6. Classification of marriage:
Classification of marriage is as under.
(a) Valid.
(b) void.
(c) Irregular.
(a) Valid:
A marriage which conforms in all respects whit the law is called valid marriage.
(b) Void:
A void marriage is one which is unlawful in itself the prohibition against the marriage being perpetual and absolute. so it is no marriage at all.
(I) Examples:
(i) Marriage without the consent of either party.
(ii) A marriage prohibited on the ground of affinity.
(iii) A marriage prohibited on the ground of consanguinity.
(v) A marriage with the wife of another person.
(c) Irregular:
An irregular marriage is one which is not unlawful in itself, but unlawful for something else. in irregular marriage irregularity arises from an accidental circumstances.
(II) Legal effect of valid marriage:
Following are the legal effects of valid marriage.
(a) Lawful sexual intercourse:
The sexual inter course becomes lawful.
(b) Mutual rights of inheritance:
Mutual rights of inheritance are established.
(c) Legitimacy of child:
The children born out of the wedlock are legitimate.
(d) Right of maintenance:
The wife becomes entitled for maintenance.
(e) Right of dower:
The wife becomes entitled to dower.
(f) No right of interest in property:
Neither of the spouse acquire any interest in property of the other by reason of marriage.
(g) Observation of iddat:
The wife has to observe the iddat in case of death of her husband or in case of divorce.
(h) Rules of affinity:
The rules of affinity come into operation in case of valid marriage.
(I) Examples:
(i) A marriage without witnesses.
(ii) A marriage with a woman observing Iddat.
(iii) A marriage prohibited on ground of difference of religion.
(iv) A marriage with two sister at the same time.
(v) A marriage to a fifth wife.
(II) Legal effects of void marriage:
Following are the legal effects of void marriage.
(a) No rights and obligation:
The void marriage creates no right and obligation upon any party.
(b) Illegitimate children:
The children born out of such marriage are illegitimate.
(c) No rights to inheritance:
The death of one them dose not entitle the other to inherit form the deceased.
(III) Legal effect of irregular marriage:
(i) Legal effect where consummation has not taken place:
The irregular marriage has not legal effect if consummation has not taken place.
(ii) Legal effect if consummation has taken place:
If consummation has taken place the irregular marriage has following legal effects.
(a) Legitimacy of children:
The children born out of such marriage are legitimate.
(b) Right of dower:
The wife is entitled of dower.
(c) Observation of iddat:
The wife has to observe the period of iddat.
(d) Right of inheritance:
No right of inheritance is created the husband and wife.
(f) Right of issues:
The issues are entitled to share the inheritance.
7. Conclusion:
To conclude I can say that, the legal effects of three kinds of marriages are different in nature. a void marriage being illegal is null and void abinitio. an irregular marriage is not unlawful in it self but it has no any legal effect before consummation.
Marriage of Nikah is a civil contract, which is made by parties for the sole purpose and object of benefiting themselves according to Shariat it is a method to legalize the cohabitation of a man and a woman and issues out of this union are legitimate. under Islamic law, contract of marriage, need not to be proved through a written document.
2. Meaning of marriage:
Marriage means wedlock, the mutual relation of the husband and wife. it is a contract for the legalization of intercourse and procreation of children.
3. Definition of marriage:
Hedeya:
Marriage is defined to be a contract which has for its object the procreation and legalizing of children.
According to Ameer Ali:
Marriage is an institution ordained for the protection of society, and in order that human being may guard themselves from foulness and unchastity.
4. Proof of marriage:
Marriage can be proved by two modes.
(i) By the direct evidence of the witnesses.
(ii) By the written document i. e. documentary evidence.
5. Presumption of marriage:
If there is no direct evidence or documentary evidence such case prolonged and continues living together as husband and wife shall be presumed as marriage.
6. Classification of marriage:
Classification of marriage is as under.
(a) Valid.
(b) void.
(c) Irregular.
(a) Valid:
A marriage which conforms in all respects whit the law is called valid marriage.
(b) Void:
A void marriage is one which is unlawful in itself the prohibition against the marriage being perpetual and absolute. so it is no marriage at all.
(I) Examples:
(i) Marriage without the consent of either party.
(ii) A marriage prohibited on the ground of affinity.
(iii) A marriage prohibited on the ground of consanguinity.
(v) A marriage with the wife of another person.
(c) Irregular:
An irregular marriage is one which is not unlawful in itself, but unlawful for something else. in irregular marriage irregularity arises from an accidental circumstances.
(II) Legal effect of valid marriage:
Following are the legal effects of valid marriage.
(a) Lawful sexual intercourse:
The sexual inter course becomes lawful.
(b) Mutual rights of inheritance:
Mutual rights of inheritance are established.
(c) Legitimacy of child:
The children born out of the wedlock are legitimate.
(d) Right of maintenance:
The wife becomes entitled for maintenance.
(e) Right of dower:
The wife becomes entitled to dower.
(f) No right of interest in property:
Neither of the spouse acquire any interest in property of the other by reason of marriage.
(g) Observation of iddat:
The wife has to observe the iddat in case of death of her husband or in case of divorce.
(h) Rules of affinity:
The rules of affinity come into operation in case of valid marriage.
(I) Examples:
(i) A marriage without witnesses.
(ii) A marriage with a woman observing Iddat.
(iii) A marriage prohibited on ground of difference of religion.
(iv) A marriage with two sister at the same time.
(v) A marriage to a fifth wife.
(II) Legal effects of void marriage:
Following are the legal effects of void marriage.
(a) No rights and obligation:
The void marriage creates no right and obligation upon any party.
(b) Illegitimate children:
The children born out of such marriage are illegitimate.
(c) No rights to inheritance:
The death of one them dose not entitle the other to inherit form the deceased.
(III) Legal effect of irregular marriage:
(i) Legal effect where consummation has not taken place:
The irregular marriage has not legal effect if consummation has not taken place.
(ii) Legal effect if consummation has taken place:
If consummation has taken place the irregular marriage has following legal effects.
(a) Legitimacy of children:
The children born out of such marriage are legitimate.
(b) Right of dower:
The wife is entitled of dower.
(c) Observation of iddat:
The wife has to observe the period of iddat.
(d) Right of inheritance:
No right of inheritance is created the husband and wife.
(f) Right of issues:
The issues are entitled to share the inheritance.
7. Conclusion:
To conclude I can say that, the legal effects of three kinds of marriages are different in nature. a void marriage being illegal is null and void abinitio. an irregular marriage is not unlawful in it self but it has no any legal effect before consummation.
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